Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-05-14
OPEN TO FRAUD.
The Changes in the Lien Law Passed
Last Session.
Rights Given to Temporary Occupants
A Prospect for Swindlers to Load
Property With Debts That the Owner
Must Pay.

A Prospect for %Swindlers to Load
Property With ebts That the Owne,
Must Pay.
AS the lien law, as amended by the late
legislature, now containS some provis.
ions OF a very stringent nature, ~savorine
Of hardship upon the owners of property,
subject to lease, it is as we'll that it's pro.
visions should become generally known.
In conversation with The MINER repre-.
sentative yesterday, a prominent real es.
tate man said: "As the law looks to me,
any designing scalawag may come along
and get u lease on anything-a mine
house-it makes no difference what kind
OF property it is that is leased-and load
the property with liens by collision with
Others like himself, and the owner has no
recourse but to pay these liens or have his
property sold over his head. A man may
get a lease on a mine on the usual terms.
He can 60 to work and hire labor, and
have wood delivered at the mine and con-
tract any debt he has a mind to AMI not
| ray a cent of it, and the mine owner has
to pay it all, or have the mine sold. At
least | can't construe this section any
other way:
Section $50. Every mechanic, builder,
lumberman. artisan, workman, laborer, or
other person or persons, association or
partnership or corporation that shall do
or perform any work or labor upon or fur
nish any material, machinery or fixture for
any building, erection, bridge, f1ume, canal,
ditch. mining claim, quartz lode, city or
town lot or lots, ranch, railroad, telegraph,
telephone or electric light line, gas pipe or
water pipe line, or other improvements,
upon complying with the provisions of this
chapter shall have for his work or labor
done, or material, machinery or fixtures
furnished, a lien upon such building, erec-
ton, bridge, fume, canal, ditch, mining
claim, quartz lode, city or town lots, ranch,
railroad, telegraph, telephone, electric light
improvements, to secure the payment of
such work or labor done, or material, ma
chlnery or fixtures furnished.
A the s%calawag has to do is to see that
the claims OF his confederates are filed in
ninety days, as the S21st section pro-
vides:
Section S21. 1t shall be the duty OF any
person, association. copartnership or cor
poration, wishing toavail himself or itself
of the benefits OF this chapter to file with
the Recorder OF the County, in which the
building. erection, bridge, fume, canal,
ditch, mining claim, quartz lode, ranch,
city or tow lots, railroad or telegraph,
telephone or electric light line, gas pipe or
water pipe line or other improvements
upon the land to be charged with the lien
is situated, and within ninety days after
the things aforesaid have been furnished or
the work or labor done or performed, q
lust and true account of the amount due
or owing to him, after allowing all credits,
and containing u correct description of--the
property to he charged with said lien, veri-
fed by affidavit, but any error or mistake
in the said account or description shall not
affect the validity of said lien. provided the
property may be identified by said descrip-
ton.
But the substitute for Section $40 alb
solutely amounts to confiscation, as it
to me. 1t makes no discrimination. |
What else can you make of this:
Section $40. Every person, including
all guardians of minors or other persons.
and married women, and any company,
association or corporation for whose
use, benefit or enjoyment M building,
structure, or improvr ment mentioned in
section l of this act shall be constructed,
or altered, shall be deemed the
owners or proprietors thereof for the pur-
poses of this act; and every contractor, |
sub-contractor, architect. builder, engi-
neer, foreman or other person having
charge of the construction, repair or alter |
alton in whole or in part OF the aforesaid
building, structure or improvement shall
be deemed the agent of such owner or pro-
Everyone without exception-if only a |
at will-having no earthly interest |
in a house. for instance, beyond temporary
can go to werk and make any
charge he feels ike-tear the whole inside |
anything to it without once con-
the owner, and as it is being done
for his use, benefit or enjoyment this Sec
ton says he shall be deemed the owner or
proprietor under this act What else Ices
this do than simply hand a build
ing over to him? l can tell you
there were a great many defective
avs passed by the last Legislature, but
one seems to me positively %unconsti-
of course, owners OF property
their o in writs OF prohibition,
but what kind 81 remedy that Tor q maa7